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Criminal Law Keyed to Osler
United States v. Alvarez-Ulloa
Citation:
784 F.3d 558 (9th Cir. 2015)Facts
Defendant was an amateur and then professional boxer between 1984 and 1996. Although the defendant was raised primarily in Arizona, he is a Mexican citizen. In 2010, defendant was removed following a conviction for illegal reentry after deportation. Defendant reenter the United States anyways, and was detained in 2011.
At trial, defendant tried to argue insanity defense suggesting that he had brain damage from boxing that left him unable to understand his legal status in the US. The government presented evidence that defendant did not have a disease or defect that would impact his ability to understand his legal status. The jury deliberated and came back with a question about the insanity defense, wondering if he needed to be insane the entire time he was in the country illegally, or just for a portion of the time. After the jury was deadlocked, the judge issued supplemental jury instructions that for a proper insanity defense the defendant needed to be insane during the entire time he was illegally present in the United States. Defendant was convicted and appealed.
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